Posted by:
Nightingale
(
)
Date: May 23, 2022 04:09PM
Speaking of women's rights - Going back to the Roe V Wade discussion:
Article by Laurence Tribe in The Guardian (May 23):
“Don’t believe those who say ending Roe v Wade will leave society largely intact”
https://www.theguardian.com/commentisfree/2022/may/23/roe-v-wade-abortion-laurence-tribeExcerpts:
“If the high court adopts Alito’s draft opinion, it will be a legal tidal wave that sweeps away a swath of rights unlike anything America has ever seen.”
“The argument that “only” abortion is involved because Alito’s draft assures readers that the supreme court’s opinion won’t be treated as precedent for anything that doesn’t involve killing an unborn human is both profoundly insulting and manifestly misleading. It insults every sentient person by minimizing the significance of commandeering the bodies and lives of half the population – and re-inserting government power into every family. And it misleads every reader of Alito’s words by suggesting that a court has the power to shape how future lawmakers and judges will build on its decisions and the reasoning underlying them. Alito’s hollow promise brings to mind similar assurances in notorious cases like Bush v Gore, is inconsistent with how the judicial process works, and wouldn’t offer any solace to anyone who might become pregnant or whose miscarriage might be treated as a crime scene for police to investigate.
“…the constitutional foundation for the substantive “liberty” at stake in cases like Roe ... are almost universally accepted as real, although deep disagreements remain about whether, to what degree, and from what point in fetal development the protection of the unborn fetus can properly trump that liberty.
“…as Jamelle Bouie rightly observed, “equal standing is undermined and eroded when the state can effectively seize your person for its own ends – that is, when it can force you to give birth.”
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Scary when put that way, eh?
A spontaneous miscarriage possibly being "treated like a crime scene". Yikes.
I understand those who consider that an embryo is "an unborn human". As I've said, I'm in that crowd, not due to strict religious conviction but it's what I think and how I feel. The potential end result of an embryo maturing is a human baby.
But. As Tribe says: The question is at what point does the fetus trump a female's autonomy and liberty of choice?
And, do we want to give governments the power to usurp that freedom? If so, then it's not a universal, unlimited, everlasting freedom. The Pledge would have to be changed to "...liberty and justice for all [except when one party wants to deny autonomy to another party]".